Judgment Search Results Home > Cases Phrase: employment of children act 1938 Court: uk supreme court Page 12 of about 277 results (0.058 seconds)

Bharat Electronics Ltd., Bangalore Vs. Industrial Tribunal, Karnatak, ...

Court : Supreme Court of India

Reported in : AIR1990SC1080; [1990(60)FLR622]; JT1990(1)SC431; (1990)IILLJ32SC; (1990)2SCC314; [1990]1SCR971; 1990(2)LC32(SC); (1990)2UPLBEC822

..... now confounding the two legal thoughts expressed in bennett coleman's case (supra) and dilbagh rai jarry's case (supra), the stream of thought which inevitably gurgles up is that an allowance which from the term of employment flows as not contingent on actual working is part of wages for the purposes of section 33(2)(b) but an allowance which is earnable only by active serving is not an allowance which will form part of wages, within ..... of food-grains or other articles; (iii) any travelling concession; (iv) any commission payable on the promotion of sales or business or both; but does not include-(a) any bonus; (b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; (c) any gratuity payable on the termination of his service; 9. ..... ramakrishnappa's case hon'ble single judge of the karnataka high court employed bennett coleman's case to come to the conclusion that night shift allowance was part of the wages by observing as follows:therefore, i find it difficult to accede to the contention of the management that conveyance allowance, night shift allowance and turnout allowance were not wages as defined in section 2(rr) of the act, and therefore, they were not required to be included in computing ..... workman was detailed to work in the first shift for picking up certain employees of the second shift and general shift, and for dropping school children at various scheduled points. .....

State of Gujarat (Commissioner of Sales Tax), Ahmedabad Vs. M/S. Varie ...

Court : Supreme Court of India

Reported in : (1976)5CTR(SC)228

..... clause (32) provides that the contractor shall not employ children under 15 years of age.28. ..... (31) no employment of children under 15 years by contractor (clause 32). ..... 121 and of 1961 and made a composite reference to the high court under the bombay sales tax act stating the following question for answer :-'whether on the facts and in the circumstances of the case the three contracts for construction of coaches on the under-frames supplied by the railway administration, the contracts containing ..... (29) contractor to pay fair wages to labourers employed (clause 30)(30) contractor to abide by safety rules (clause 31). ..... (26) contractor, his heirs, executors or administrators to indemnify railway administration from and against all claims including claims under the workmens compensation act, payment of wages act, factory act, etc. ..... clause (33) says that the contractor shall comply with the provisions of the payment of wages act and the rules made thereunder.29. ..... (32) responsibility of contractor under payment of wages act (clause 33). ..... before we proceed further we may observe that for the meaning of the expression 'sale of goods' we will have to derive assistance for the legal connotation of those words from the provisions of the sale of goods act, 1930. .....

Tapash Kumar Paul Vs. Bsnl and anr.

Court : Supreme Court of India

..... the workmen were always ready to work but they were kept away therefrom on account of an invalid act of the employer, there is no justification for not awarding them full back wages which were very legitimately due to ..... such an employee, which is preceded by a finding of the competent judicial/quasi-judicial body or court that the action taken by the employer is ultra vires the relevant statutory provisions or the principles of natural justice, entitles the employee to claim full back wages. ..... of back wages to an employee, who has suffered due to an illegal act of the employer would amount to indirectly punishing the employee concerned and rewarding the employer by relieving him of the obligation to pay back wages including the emoluments.23 ..... be exceptional circumstances which make it impossible or wholly inequitable vis--vis the employer and workmen to direct reinstatement with full back wages. ..... passing of an order which has the effect of severing the employer-employee relationship, the latter s source of income gets dried ..... gravely erred in law that the tribunal and learned single judge found that the order of the termination is bad in law for non-compliance with the above statutory provisions of the id act and therefore, following the normal rule of award of reinstatement is awarded but erroneously denied full back wages in the absence of proof of gainful employment of appellant-workman.5. ..... the children are deprived of nutritious food and all opportunities of education and .....

Jasmer Singh Vs. State of Haryana and Anr

Court : Supreme Court of India

..... working days in a calendar year are shown as 310, the said evidence was considered with reference to the muster roll exbs m-1 to m-8 produced by the respondent- employer and its written statement, wherein the respondent-employer has categorically stated that in sub division no.8 karnal, the workman has worked for 231 days and in view of the muster roll for the month of september, 1993 ..... jurisdiction under articles 226 and/or 227 of the constitution in matters like the present one, the high courts are duty bound to keep in mind that the industrial disputes act and other similar legislative instruments are social welfare legislations and the same are required to be interpreted keeping in view the goals set out in the preamble of the constitution ..... more than 240 days in a calendar year and termination order is void ab initio in law for non- compliance of sections 25-f (clauses (a) and (b)), 25-g and 25-h of the act, therefore, the industrial tribunal-cum-labour court has rightly set aside the order of termination of services of the workman and awarded the order of reinstatement with continuity of service and full back ..... adverting to the said evidence of mw-1 and the plea taken by the respondent-employer in the written statement that the appellant-workman has left the job voluntarily, therefore, he is not entitled for the benefit of section 25-f clauses (a) and (b) of the act, is rightly rejected by the industrial tribunal-cum-labour court after placing reliance ..... the children are .....

Wilmington Star Mining Co. Vs. Fulton

Court : US Supreme Court

..... of their property, privileges, or immunities without due process of law or denied the equal protection of the laws by the illinois mining statute of 1899, which requires the employment of only licensed mine managers and mine examiners and imposes upon the mine owners liability for the willful failure of the manager and examiner to furnish a reasonably safe place for the ..... that the mining company, with knowledge of the existence of an accumulation of dangerous gases in the mine and its unsafe condition when fulton, in the course of his employment, entered the mine on the morning of his death, willfully failed and neglected to prevent fulton from entering the mine to work therein before the dangerous gases had been ..... candidates for such positions to be examined by the state board, and certificates to be furnished to those found competent, and made it unlawful in the operation of a coal mine to employ or suffer any person, other than one possessing the proper certificate, to serve as a mine manager, hoisting engineer, or mine examiner. ..... examiners, defining their duties, and compelling mine owners to employ only licensed managers and examiners, the writ of error should be dismissed, because there is ground broad enough to sustain the judgment wholly irrespective of the provisions of the illinois act just referred to, which are asserted to be repugnant ..... minnie fulton, the widow, on behalf of herself and children, brought this action against the mining company in a court of the state .....

Missouri, Kansas and Texas Ry. Co. Vs. Wulf

Court : US Supreme Court

..... petition failed to state a cause of action because she sued in her individual capacity and based her right of recovery upon the kansas statute, whereas her action could legally rest only upon the federal employers' liability act of 1908, which requires the action to be brought in the name of the personal representative of the deceased; that the plaintiff's amended petition, in which for the first time she set up a right to sue as administratrix, alleged ..... set up not only a different state of facts, but a different rule of law as the ground of the action, the original petition proceeding exclusively on the common law rule which held a master liable who, with knowledge, employs or retains an incompetent servant, and making no reference to the kansas statute, nor averring negligence on the part of the fellow servant excepting so far as this might be inferred from the averment of his incompetency; while the amendment ..... the original petition was based upon the common law of master and servant, and set up an injury to the plaintiff occurring in the state of kansas while he was in the employ of the defendant, averring that the injury was due to the negligence of the defendant in employing and retaining in its employ as fellow servant of the plaintiff one kline, an incompetent person, with knowledge of his incompetency; afterwards plaintiff filed an amended petition, eliminating the charge of incompetency on the ..... wulf was an unmarried man, leaving no wife or children surviving. .....

Seaboard Air Line Railway Vs. Koennecke

Court : US Supreme Court

..... court of the state of south carolina syllabus the allowance by the trial court after the testimony was in, and over defendant's objection, of an amendment to bring the case specifically under the employers' liability act, held not to have exceeded the discretionary power of the court, or to have been so arbitrary as to amount to denial of due process of law. ..... the declaration alleged reckless negligence, and set out that the wife and four children named were the only heirs and distributees of the deceased, that they were dependent upon him for support, and that they had suffered damage to ..... the facts, which involve the construction of the employers' liability act and the validity of a verdict of the state court in a suit for death of an employee, are stated ..... so as specifically to bring the case under the employers' liability act of congress, of april 22, 1908, c. ..... might, before arrival at final destination, where the accident occurred, have dropped all interstate cars and taken up only local cars is too remote to warrant withdrawal of a case under the employers' liability act from the jury. ..... in actions under the employers' liability act, when questions of negligence and the like are brought here only because arising in actions under the statute and involving no new principles, this court confines itself to ..... alleged concerned the sufficiency of the evidence said to bring the case within the act of congress and also the evidence touching the questions of negligence and assumption of .....

Missouri Pacific Ry. Co. Vs. Taber

Court : US Supreme Court

..... 200 error to the supreme court of the state of missouri the claim that the federal employers' liability act should have governed the action will not afford jurisdiction under judicial code 237 where the action was originally based upon a state statute and the federal act was not set up or relied upon in the answer or page 244 u. s. ..... we are asked to reverse that action because the federal employers' liability act was not applied, but rights and liabilities were determined according to state laws. ..... " the original action was based upon a state statute; the answer did not set up or rely upon the federal act; the trial court's attention was not called thereto, and although urged to hold liability depended upon it, the supreme court declined to pass upon that point because not presented to the trial court. ..... relying upon a state statute, the guardian of his minor children sued for damages in the jackson county circuit court and recovered a judgment which the supreme court of missouri affirmed, may 15, 1916. ..... small was killed at kansas city while employed by plaintiff in error as a switchman. ..... unless some right, privilege, or immunity under the federal act was duly and especially claimed, we have no jurisdiction. .....

Southern Pacific Co. Vs. Jensen

Court : US Supreme Court

..... purpose of the compensation law, as declared by the court of appeals, is "the creation of a state fund to insure the payment of a prescribed compensation based on earnings for disability or death from accidental injuries sustained by employees engaged in certain enumerated hazardous employments," among them being "longshore work, including the loading or unloading of cargoes or parts of cargoes of grain, coal, ore, freight, general merchandise, lumber or other products or materials, or moving or handling the same, on any dock, platform or ..... their mutual connection with intrastate work may and shall be clearly separable and distinguishable from interstate or foreign commerce, except that such employer and his employees working only in this state may, subject to the approval and in the manner provided by the commission and so far as not forbidden by any act of congress, accept and become bound by the provisions of this chapter in like manner and with the same effect in all respects as ..... , or between the district of columbia and any of the states or territories, or between the district of columbia or any of the states or territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representatives, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's page 244 u. s .....

Moore Vs. Chesapeake and Ohio Railway Co.

Court : US Supreme Court

..... this action, brought under the federal employers' liability act [ footnote 1 ] in the united states district court for the eastern district of virginia on behalf of a surviving widow and children, charged negligence against respondent railroad in the death of petitioner's decedent, who was acting in the course of his employment as a brakeman for respondent at the time of his death. ..... 573 certiorari to the united states court of appeals for the fourth circuit syllabus in this action under the federal employers' liability act to recover for the death of a brakeman, there was no evidence of negligence on the part of the railroad, and the district court properly sustained the motion for judgment notwithstanding the verdict. pp. ..... on september 25, 1948, petitioner's decedent was employed by respondent as a brakeman in respondent's switching yards at richmond, virginia. ..... the burden was upon petitioner to prove that decedent fell after the train stopped without warning, which was the act of negligence she charged. ..... to recover under the act, it was incumbent upon petitioner to prove negligence of respondent which caused the fatal accident. .....